← Library
Bombay High CourtABA/1124/2015appeal allowedreversed

Pallavi Sangramsinh Ghatge v. The State Of Maharashtra

2015-11-27Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1124 OF 2015 Mrs. Pallavi Sangramsinh Ghatge ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Biju A. Aloor for the Applicant.

Ms R.V. Newton, APP for the Respondent -State. Mr. Abad Ponda for the Intervener.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 27th NOVEMBER, 2015.

P. C. :

This is an application for anticipatory bail filed by the aforesaid Applicant in apprehension of her arrest in C.R. No.24 of 2014 registered with Koregaon Park Police Station, Pune, for the offences punishable under sections 420, 507, 506, 504 r/w. 34 of the IPC. 2.

Heard the learned counsel for the Applicant, the learned APP for the Respondent-State and the learned counsel for the Intervener. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. 3.

The records prima facie reveal that the aforesaid FIR came 1/3

to be lodged on 5.3.2014 by one Rajinder Govindram Sharma. The allegations of the complainant in brief are that one Sangram Ghatge had introduced himself as the nephew of D.Y. Patil and he had assured him to procure a seat for his son from the management quota on payment of money. Accordingly, the complainant paid total amount of Rs.1.10 crores. Subsequently he learnt that said Sangram Ghatge was arrested and he was asked to contact Uday Ghatge and the present Applicant. The complainant has further stated that he had received several calls and SMS from Uday Ghatge and the present Applicant and that they had confirmed that his money was safe and deposited in the trust account. Complainant has stated that after Sangram was released on bail he had assured him to return the amount. However, he failed to return the amount. The complainant has further stated that said Sangram and the present Applicant herein had cheated him and misappropriated the said amount. The complainant further stated that the Applicant alongwith co-accused had also made threatening calls to him.

4.

It may be mentioned that by order dated 8.5.2014 this Court has granted bail to the co-accused Shrikant Bhausaheb Ghatge and Uday Shrikant Ghatge. The allegations made against the present 2/3

Applicant are similar to those made against said Shrikant Ghatge and Uday Ghatge. Beside being a woman, the Applicant is entitled for bail on the ground of parity.

5.

Under the circumstances and in view of the discussion supra, the anticipatory bail application is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicant, the Applicant be released on bail on furnishing bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned police station as and when called by the Investigating Officer, till filing of the chargesheet.

(iii) The Applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (iv) The Applicant shall not leave India without the prior permission of the Trial Court.

(ANUJA PRABHUDESSAI, J.) 3/3